Terms of Use

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By accessing or using this site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use this site.

This site is a collaboration between Sanford Health ("Sanford") and WebMD LLC ("WebMD") (collectively or separately, "We", "Us," or "Our"). We may revise and update these Terms of Use at any time. Your continued usage of this site ("WebMD Fit Site" or the "Site") will mean you accept those changes.

Part 1: This Site Does Not Provide Medical Advice

The contents of the WebMD Fit Site, such as text, graphics, images, videos, information obtained from Our third party licensors, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the WebMD Fit Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. You should not rely on any information provided by Us, Our employees, others appearing on the Site at Our invitation, or other visitors to the Site.

Part 2: Privacy

We comply with the Children's Online Privacy Protection Act (COPPA) because we do not collect personal information as defined under COPPA from children under 13 years of age. Please read our Privacy Policy for a more detailed explanation of how We handle information collected over the Site.

Part 3: Use of the Site and Content

Registration is not required to use the Site.

You may not use this Site for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain our prior written permission to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing access to the Site and barring such violators from use of the Site.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with WebMD except as otherwise noted. We authorize you to view or download a single copy of the material on the Site solely for your personal, noncommercial use. Otherwise, You are prohibited from using, downloading, republishing, selling, duplicating, reverse engineering or "scraping" for commercial or any other purpose whatsoever, any of the Content, technology, or any portion of the Site or other information contained on the Site, in whole or in part, in any medium whatsoever. Any use of the Content, Site or technology not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

If you violate these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Content and features are subject to change or termination without notice. All rights not expressly granted herein are reserved to Us and Our licensors. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.

Part 4: Links to Other Sites

We may provide links to third-party websites. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Part 5: Liability of WebMD, Sanford and its Licensors

The use of the Site and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond Our and Our suppliers’ control and jurisdiction. Accordingly, We assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

The Site and the content are provided on an "as is" basis. WEBMD AND SANFORD, THEIR LICENSORS, AND THEIR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, We, Our licensors, and Our suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content provided on or through the use of the Site.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OUR OTHER AFFILIATES, OUR LICENSORS, OUR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE, OUR SUBSIDIARIES, OUR OTHER AFFILIATES, OUR LICENSORS, OUR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE, OUR SUBSIDIARIES, OUR OTHER AFFILIATES, OUR LICENSORS, OUR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1000. WE, OUR SUBSIDIARIES, OUR OTHER AFFILIATES, OUR LICENSORS, OUR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR CONTENT. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

Part 6: Trademark Notice

The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site or in any Content are registered and unregistered Trademarks of WebMD, Sanford, our Licensors, and others and are protected, without limitation, pursuant to U.S. and foreign trademark laws.

We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either Ours or others, in any way without the prior written permission of the applicable Trademark owner.

We prohibit use of Our logo as a "hot" link to any other World Wide Web site unless approved by Us in advance in writing.

Part 7: DMCA Policy Regarding Copyright Infringement Claims and Counter-Claims

We respect the intellectual property rights of others and require those that visit the Site to do the same. We may, in appropriate circumstances and at Our discretion, remove or disable access to material on the Site that infringes the copyright rights of others. We may also, at Our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.

In an effort to protect the rights of copyright owners, We maintain a policy for the termination, in appropriate circumstances, of users of the Site who are repeat infringers.

Procedures to File a DMCA Copyright Infringement Notice with Us

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting WebMD’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide WebMD with its URL or any other pertinent information that will allow WebMD to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

WebMD’s agent for copyright issues relating to the Site is as follows:

WebMD LLC
Attn: Office of Privacy
1201 Peachtree Street, NE
400 Colony Square, Suite 2100
Atlanta, GA 30361
copyright@webmd.net
(866) 788-3907

Procedure to File a DMCA Counter-Claim

If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with WebMD’s designated agent.

To be effective, a Counter-Claim must be a written communication provided to WebMD’s designated agent and must include the following information:

  1. A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
  2. A physical or electronic signature of the user;
  3. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  4. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  5. The user’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a DMCA Counter-Claim, WebMD will provide the complaining party with a copy of the DMCA Counter-Claim. When WebMD receives a Counter-Claim that meets the requirements of the DMCA, WebMD will process the Counter-Claim in accordance with the requirements of the DMCA.

Part 8: Modification of the Services and Terms of Use

We may add, change or eliminate features, pricing, nomenclature and other aspects of the Site, and make other changes at any time and these Terms of Use will continue to apply to the Site as modified. We reserve the right at any time and from time to time to modify these Terms of Use. The modifications will become effective on the day they are posted, and the effective date will be noted in the new terms of use. You agree that We will not be liable to you or to any third party for any change to the Site or the Terms of Use.

Part 9: Termination

We reserve the right at any time and from time to time to discontinue, temporarily or permanently, the Site with or without notice. We may also terminate your access to the Site immediately without notice to you for any reason or no reason including, without limitation, for any breach by you of these Terms of Use or any of our applicable policies as posted on the Site from time to time, as determined by Us in Our sole discretion. You agree that We will not be liable to you or to any third party for any suspension or discontinuance of the Site or for the termination of your access to the Site.

Part 10: Indemnity

You agree to defend, indemnify, and hold WebMD and Sanford and their subsidiaries and other affiliates and their respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Part 11: General

WebMD is based in the United States. The Site and Content are intended for U.S. residents only. We make no claims that the Site or the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Part 12: Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with WebMD or Sanford, or in any way relating to your use of the Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving WebMD or Sanford or any of its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, or content providers.

These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Part 13: Complete Agreement

Except as expressly provided in a particular "legal notice" on the Site, these Terms of Use and the WebMD Fit Privacy Policy constitute the entire agreement between you and WebMD and Sanford with respect to the use of the Site and Content.

Thank you for your cooperation. We hope you find the WebMD Fit Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: WebMD LLC Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361.

We try to answer every email in a timely manner but due to volume may not always be able to do so.

Last updated: February 28, 2011
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